Wang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BAIO WANG, et al., Case No. 21-cv-06028-PCP (SVK)

Plaintiffs,

ORDER RE DUE DILIGENCE

v. DEFENSE AND ATTORNEY-CLIENT

PRIVILEGE AS TO THE

ZYMERGEN INC., et al., UNDERWRITER DEFENDANTS Defendants. Re: Dkt. No. 466

12 Before the Court is a dispute regarding to what extent, if any, asserting the affirmative defense of “due diligence” leads to a waiver of the attorney-client communication privilege. Plaintiffs raise this issue in challenging certain entries on the privilege logs of both the Zymergen Defendants (Dkt. 452) and the Underwriter Defendants (Dkt. 466). Because of pertinent factual differences between the various groups of Defendants, this Order resolves the dispute only as to the Underwriter Defendants. The Court received joint submissions and supplemental briefing,2 held a hearing (Dkt. 484) and reviewed in-camera a substantial sample of the documents with privileged redactions by the Underwriter…